Personal Injury Lawyer Blog

Birth Injury Lawsuit Arises After Child Born with Severe Cerebral Palsy, Part 2 of 2

June 11, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)

The delivery of the minor plaintiff occurred at 6:03 p.m. with low Apgar scores and a venous blood gas, obtained at 30 minutes of age, showed a pH of 6.6 with a base deficit of -23. At surgery, the OB documented a placental abruption and frank blood was suctioned from the minor plaintiff’s airway after delivery. He was transferred to Children’s Hospital for brain cooling and diagnosed with multi-system organ failure. An MRI showed global hypoxic-ischemic encephalopathy.

Plaintiff alleged that defendant nurse negligently delayed in requesting help or contacting the OB when she was unable to find a fetal heart rate. Defendant hospital was negligent for failure to monitor the plaintiff on the remote monitor at the nursing station, and was also vicariously liable for the nurse.

The defense contended that all care was within the standard and the OB responded quickly to the drop in fetal heart rate and delivered the baby in less than 30 minutes.

CLAIMED INJURIES

According to Plaintiff: Severe cerebral palsy and developmental delay.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Snowboarder Struck On Head By Security Gate At Lake Tahoe Ski Resort Suffers Brain Injury, Part 1 of 2

June 11, 2012 | by Moseley Collins

The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury lawsuit and its proceedings.)

FACTS/CONTENTIONS

According to Plaintiff: Plaintiff, a 33-year-old physical therapist, was living in Sacramento and was an avid snowboarder. She had a season pass for Snowstar (defendant ABC Land Company). On January 9, 2007, she finished snowboarding for the day around 3:00 p.m. She waited on the deck of Snowstar’s Mid-Mountain Lodge for a friend who was still snowboarding. Around 3:00 p.m., she moved inside because she was cold. She noticed heat vents in front of a retail counter. She sat down on the floor in front of the retail counter in a location where the counter worker could not see her.

At some point in the next five to twenty minutes, the counter worker closed a manual overhead security gate so he could do a register count and close for the day. He closed the gate from inside the counter and did not notice plaintiff. The gate struck plaintiff on top of her head. Ski patrol responded and plaintiff declined medical treatment. Her friend came and helped her back to her rental cabin. She drove herself back to San Francisco the next day.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Family Sues Kaiser Hospital After Mother Dies From Overdoes Of Opioid Medication, Part 2 of 3

June 11, 2012 | by Moseley Collins

The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Plaintiffs’ experts testified that it was a violation of the standard of care for Dr. Devlin to continue to increase decedent’s opioid medications when she could not attend pain management. The dramatic increase on November 10, 2009 was not only too much and too fast, the prescription was written in a confusing and ambiguous manner, contrary to the Black Box Label Warning. Dr. Devlin prescribed the slow release Oxycodone/Oxycontin as follows: “80 mg SR 1 tab. Twice daily as needed for pain.” The standard of care and the Black Box Warning require that it never be prescribed on an as needed basis and that it be prescribed in precise 12-hour intervals to achieve the continuous release purpose of the medication. When it is prescribed twice a day as needed for pain, the patient can be compliant and take two doses in less than 12 hours and the phenomenon of “stacking” occurs, whereby the patient has too much in her system at a given time.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Inmate Claims Doctor Neglected To Properly Care For His Injuries In Sacramento Medical Malpractice Case

June 11, 2012 | by Moseley Collins

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: Marison had a fractured jaw, which he claimed did not heal properly. He sought medical attention, which he claimed was denied to him and allowed his condition to worsen.

Facts:

In 2002, plaintiff George Marison was an inmate at ABC State Prison in Sacramento County. Jim Perry was a medical doctor at the prison. Marison alleged that he had a fractured jaw that had not healed properly, but was denied care and treatment.

He sued Kim Ainswork, Devon Darr, Perry and James Klerk, M.D. Summary judgment was granted to all then defendants, but the Ninth Circuit reversed only with respect to Perry.

Marison asserted that Perry was deliberately indifferent to his serious medical need and failed to provide adequate medical care for his transfer. He also purported that Perry failed to execute a “medical hold” to prevent his transfer from ABC to the XYZ prison on June 19, 2002.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Man Claims Surgery Results In Loss of Hand Capabilities in San Francisco Medical Malpractice Case, Part 1 of 4

June 11, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a medical malpractice case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

INJURIES: Based on Serri’s claimed disability, his vocational rehabilitation and hand experts opined that he would be unable to return to his trade and his only vocational options were as an apartment manager or a service station attendant.

Facts:

On April 7, 2006, plaintiff Simon Serri, 53, a millwright, underwent surgery by orthopedic surgeon Aaron Stevens at San Francisco Hospital to correct flexor tendonitis, or trigger finger, in his right middle finger.

On May 26, an MRI confirmed that the flexor digitorum superficialis and the flexor digitorum profundus had ruptured in his right middle finger approximately 2.4 cm from the metacarpal joint.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Drunk Driver Causes Multiple-Car Accident

June 11, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: William sustained serious fractures to both feet and injuries to his back and neck. He was transported by paramedics to the hospital. He was immobilized for over three months and his initial recovery took a year. After three complicated foot surgeries performed in 2003, he attempted to return to work as a truck driver, but claimed that he couldn’t due to foot, back and neck injuries, as well as depression and other emotional problems.

Facts:

On April 20, 2003, plaintiff Trevor William, a 43-year-old truck driver, was driving his pickup near Sacramento when Kim Silver, driving an SUV, struck him head-on. Patricia Heather, who was driving behind William, then struck his pickup also.

All three vehicles were totaled.

William sued Silver and Heather for negligent operation of their motor vehicles.

He claimed that Silver was intoxicated. He contended that Heather broadsided his truck due to inattention, tailgating and use of her cell phone.

Heather claimed that she swerved to the right to avoid the main collision and hit the bed of William’s pick-up as they both came to a stop on the dirt shoulder.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Three Car Accident Causes Strains and Head Injury

June 11, 2012 | by Moseley Collins

The following blog entry is written to illustrate how a car accident lawsuit might follow. Reviewing this kind of case should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

INJURIES: Graves was taken from the scene of the accident via ambulance to Sacramento General Hospital. She was diagnosed with a cervical strain and mild closed head injury. Phillip Zelda did not have any emergency medical treatment.

Facts:

On Dec. 26, 2003, plaintiffs Leslie Graves, 63, retired, and Phillip Zelda, 64, also retired, were passengers in an SUV driven by their son, Brian Zelda, traveling on 19th Avenue in Sacramento directly in front of a van driven by Mitchell Burt. Fran Wallas was driving an SUV in front of Zelda’ vehicle. Wallas stopped suddenly at the intersection when she became confused as to the color of the traffic signal controlling her lane of travel. Brian Zelda was able to stop in time, but Burt was not. His van struck Zelda’ SUV, pushing it into Wallas’s. Phillip Zelda and Graves claimed that they sustained strains and sprains in the accident.

Phillip Zelda and Graves sued Burt and the owner of the van he was driving, Linda Burt. They alleged that Mitchell Burt was negligent in the operation of a motor vehicle and that Linda Burt was vicariously liable for his actions.

Zelda and Graves claimed that Mitchell Burt’s inattention and failure to keep a safe distance behind their son’s vehicle was the sole proximate cause of the accident.

The Burts argued that the accident was caused by the negligence of Wallas, who was not a party in the lawsuit. They further contended that no evidence was presented on behalf of Zelda or Graves to establish negligence on the part of Matthew Burt. They argued that but for the negligence of Wallas the accident never would have occurred, and that the accident was unavoidable on the part of Mitchell Burt.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Claims Dog Attack Caused Post Traumatic Stress Disorder Injury (PTSD)

June 9, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite lawsuit and its proceedings.)

INJURIES: Otter sustained a puncture wound to her right arm. She was diagnosed with post-traumatic stress disorder (PTSD), which she claimed that she developed as a result of the dog attack. She suffers from occasional flashbacks and is now afraid of big dogs.

Facts:

On July 25, 2007, plaintiff Elene Otter, 36, a newscaster, was walking her small dog on Pacific Grove near a post office when two dogs, a Labrador retriever and a German shepherd, jumped out of parked car window and at least one attacked Otter’s dog. Otter was attacked when she tried to intervene. Two good Samaritans stopped the attack.

Otter sued the dogs’ owner, Diana Bean, and Bean’s father, Dan Amos, who was in the car with the dogs at the time of the incident.

Plaintiff’s counsel argued that Amos was in the car at the time of the incident on his cell phone and that he did not try to stop the attack on Otter and her dog. Counsel argued that Amos committed gross negligence. Otter claimed that the attack lasted three to five minutes.

Defense counsel contended that there was no evidence that both dogs attacked. Counsel stated that one dog was grabbed by a bystander and led back to the car. Amos was on the phone at the time of the incident and did not know what was happening until the attack was over. Counsel claimed that the attack was over in a matter of seconds and that Amos was not just watching the attack happen, but rather, he was unaware of what was happening.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

San Jose Infant Born With Cerebral Palsy, Part 1 of 2

June 9, 2012 | by Moseley Collins

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

FACTS/CONTENTIONS

According to Plaintiff: The minor plaintiff’s mother entered defendant hospital #1 on July 14, 2008 for induction of labor at 40 3/7 weeks gestation, after an ultrasound by her obstetrician showed a low level of amniotic fluid. The mother was 38 years old. She had a normal amniocentesis and was seen by a perinatologist during the pregnancy as a precaution, but no problems or complications were noted.

After admission to the Labor & Delivery unit at 11:30 a.m., the fetal monitor strip showed a normal reactive tracing. Cervidil was placed at 1:35 p.m. to soften the cervix. At 3:30 a.m. on July 15, 2008, Pitocin was started. At 7:50 a.m., the obstetrician (“OB”) ruptured the membranes and found no amniotic fluid. The exam at that time showed 1 cm dilation, 50 percent effacement, and – 2 station. Pitocin was increased over the next several hours, and an exam by the OB at 2:00 p.m. showed 6-7 cm dilation, 100 percent effacement, and 0 station. The FMS was still reassuring.

At 3:57 p.m., a vaginal exam by the nurse showed complete dilation at a 1 station. However, the mother’s temperature was now 101.3 degrees. The nurse called the OB at his office and he ordered antibiotics. The OB returned to the hospital at 4:15 p.m. but proceeded with a vaginal delivery of another patient. At 4:40 p.m., the nurse had the mother start pushing. The OB returned to his office to see other patients.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Charges Company With Sexual Harassment Lawsuit, Part 1 of 2

June 4, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a sexual harassment case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

INJURIES: Osprey left her position at AO in mid-February 2004. Osprey is not working in a comparable position. She sought recovery for her emotional distress.

Facts:

In April 2006, plaintiff Julie Osprey, 52, won a jury verdict against her former employer, AO Inc., in the amount of $500,000 in compensatory damages and $1 million in punitive damages. In response to AO’s motion for a judgment notwithstanding the verdict, the Superior Court reduced the compensatory damages award by $10,000, representing the jury’s award of lost wages.

Osprey and AO then attended a mediation in July 2006, after which both parties entered into a settlement for $1.4 million. Osprey claimed she never received any payment after the settlement, as she claimed AO and its insurance carriers, challenged the settlement contract.

Osprey sued AO, asserting breach of contract and seeking to recover the $1.4 million settlement amount.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.